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EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

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Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#11
post #6

Can someone offer a simple explanation of why the EFF and ACLU might succeed? I remember seeing big signs at US border crossings that said YOU HAVE NO RIGHTS in big allcaps, and I think the law is mostly on their side. Those signs are probably still there.

The plaintiffs are mostly US citizens, who (in theory) have rights the government is supposed to respect even if they are far from US territory.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#12

But only for people who are US citizens, or at least permanent residents. It’s not making visiting the US any more appealing to the rest of the world.

If they can’t establish a better situation for US citizens, there’s no way they could ever generalize it. Seems like a sound tactic on the ACLU/EFFs part to me.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#13

Airport searches should be limited to what might cause a transportation security issue. Nothing on a mobile device qualifies, especially since in-flight wifi provides a way to download anything to the device in flight that is not present when checked at Security. Regular border searches should have no right to look at devices at all, since there is no plane or train to endanger and there are even more ways to beam ov…

Your second paragraph works if you insert pretty much any word instead of devices, including drugs or gold bullion. Which is a consistent position, but one that needs the backing of much more than a paragraph.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#14

But only for people who are US citizens, or at least permanent residents. It’s not making visiting the US any more appealing to the rest of the world.

If they can’t establish a better situation for US citizens, there’s no way they could ever generalize it. Seems like a sound tactic on the ACLU/EFFs part to me.

Indeed. But he's right to point that out.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#15
It would seem to me that the Federal Government is in charge of the border, and that until you are actually in the United States, you have no reasonable expectation of the Bill of Rights. There are many things that need to get checked at the border. Maybe they could just have a judge there to stamp each request as it goes through.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#16
The distinction I would suggest is that CBP should have the power to search the effects of entering travelers looking for physical contraband; so, for instance, to examine a laptop and cell phone to make sure they're not fakes full of cocaine or fentanyl or something. They should have no jurisdiction over information. They don't get to examine all the bits coming into the country over the Internet, and we certainly don't want to give them that power!

The idea that the CBP can make a meaningful difference to the security of this country by searching the informational effects of .1% of incoming travelers, when there's I-don't-know-how-many gigabits/sec of connectivity to other countries that anyone in the US can use by firing up their smartphone, is ludicrous on its face. The idea that they can accurately select the .1% of travelers that might be carrying evidence of a crime just by looking at them is equally ludicrous.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#17

It would seem to me that the Federal Government is in charge of the border, and that until you are actually in the United States, you have no reasonable expectation of the Bill of Rights. There are many things that need to get checked at the border. Maybe they could just have a judge there to stamp each request as it goes through.

I have my whole life on my phone and laptop. Most of the details and particularly papers, as stated in the 4th, of my life are contained there. I also need my devices to function and keep up like a normal person in 2017, and to keep a job.

So if I need to leave the country and come back, and must bring them, I just forfeited my expectation of privacy guaranteed by the bill of rights?

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#18
post #6

Can someone offer a simple explanation of why the EFF and ACLU might succeed? I remember seeing big signs at US border crossings that said YOU HAVE NO RIGHTS in big allcaps, and I think the law is mostly on their side. Those signs are probably still there.

What law says they have no rights? That seems to supercede the constitution, which can't be done. Constitution needs to be interpreted in this case.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#19

It would seem to me that the Federal Government is in charge of the border, and that until you are actually in the United States, you have no reasonable expectation of the Bill of Rights. There are many things that need to get checked at the border. Maybe they could just have a judge there to stamp each request as it goes through.

I have my whole life on my phone and laptop. Most of the details and particularly papers , as stated in the 4th, of my life are contained there. I also need my devices to function and keep up like a normal person in 2017, and to keep a job. So if I need to leave the country and come back, and must bring them, I just forfeited my expectation of privacy guaranteed by the bill of rights?

I should no longer have any expectation of privacy

The above poster suggests even worse.

"until you are actually in the United States, you have no reasonable expectation of the Bill of Rights.". They suggest you have no constitutional rights outside of the US border. Forget your cell phone, this would imply that black bag operations are completely legal as long as the US citizen is outside of US borders at the time.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#20

It would seem to me that the Federal Government is in charge of the border, and that until you are actually in the United States, you have no reasonable expectation of the Bill of Rights. There are many things that need to get checked at the border. Maybe they could just have a judge there to stamp each request as it goes through.

I'm not a lawyer, but I would be shocked if you forfeit your rights every time you enter the country. If this were the law, we citizens of the US have a moral responsibility to change it.
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